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Article • December 15, 2013 • from PLN December, 2013
Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case by The Supreme Court of Kansas has held that a prisoner is entitled to have time spent in an inpatient drug treatment facility while on probation count as jail time in a consecutive non-drug …
Eighth Circuit Initially Allows Non-Delegation Challenge to SORNA, then Reverses Course by Derek Gilna Another challenge to the federal Sex Offender Registration and Notification Act (SORNA) initially met with limited success, but ultimately failed. Lindon Roy Knutson pleaded guilty to failing to register as a sex offender under SORNA stemming …
Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault by The Wyoming Supreme Court has held that a county sheriff was improperly denied qualified immunity on claims that a guard in his employ sexually assaulted a female prisoner. While working as a jail guard in Utah, Todd Hoover underwent …
Article • December 15, 2013 • from PLN December, 2013
No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring by The Oklahoma Supreme Court has held that factual disputes about a guard’s alleged theft of a prisoner’s wedding ring precluded summary judgment in a lawsuit that has been pending for the past eight years. In November 2004, Oklahoma …
Article • November 15, 2013
Voices from Solitary: A Prison Where the Building Becomes the Shackles by Ray Luc Lavasseur By Ray Luc Levasseur Former political prisoner Ray Luc Levasseur was raised in Maine, born to a working-class family of Quebecois origin. He became politically radicalized at a young age, first after serving a term …
Article • November 15, 2013 • from PLN November, 2013
U.S. Department of Justice Reports Statistics on State Prosecutors by Matthew Clarke by Matt Clarke The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice has released the most recent in a series of statistical reports on state prosecutors. The report covers 2,330 prosecutors’ offices serving judicial districts …
Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction by The Eighth Circuit Court of Appeals has upheld the conviction of a sex offender who failed to register because he temporarily had no permanent address. David L. Meador moved to North Dakota and was required to register as a sex offender. …
Article • November 15, 2013 • from PLN November, 2013
Filed under: Sentencing, Good Time
California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date by In an October 15, 2012 unpublished ruling, the California Court of Appeal rejected a claim that the denial of enhanced presentence conduct credits to a defendant who committed his offense before October 1, …
Article • November 15, 2013 • from PLN November, 2013
Audit Reveals Federal Prison Industries Faces Declining Revenue, Job Losses by Derek Gilna A recent audit by the Office of the Inspector General of the U.S. Department of Justice highlights the many challenges the Bureau of Prisons (BOP) and its wholly-owned government corporation, Federal Prison Industries, Inc. (FPI), face with …
Article • November 15, 2013 • from PLN November, 2013
Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner by The Fifth Circuit Court of Appeals held last year that a non-citizen federal prisoner had no constitutional right to participate in a substance abuse rehabilitation program that could reduce his sentence by up to a year. Ricardo Gallegos-Hernandez, a …
Anonymous PREA Hotlines Not So Anonymous by Following a decade of delays, the Prison Rape Elimination Act (PREA) standards, promulgated by the U.S. Department of Justice, went into effect in August 2013. [See: PLN, September 2013, p.1]. One of the PREA rules, 115.51, states that correctional agencies “shall provide multiple …
Article • November 15, 2013 • from PLN November, 2013
Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles by The U.S. District Court for the District of Montana granted class certification in a lawsuit alleging that the Missoula County Detention Facility (MCDF) deprives prisoners of fresh air and outdoor exercise. Following the class certification, the suit settled …
D.C. Circuit Clears Terrorism Suspect after 11-Year Ordeal by Derek Gilna An October 16, 2012 decision by the D.C. Circuit Court of Appeals has ended the lengthy ordeal of Salim Ahmed Hamdan, who was originally captured in Afghanistan in 2001 and detained at the U.S. military prison in Guantanamo Bay, …
Article • November 15, 2013 • from PLN November, 2013
Texas Prison Population Drops but Savings Evaporate by Matthew Clarke by Matt Clarke The prospects for cost savings in the operation of the Texas Department of Criminal Justice (TDCJ), now the nation’s largest state prison system, seemed optimistic in 2011 when the state made the unprecedented decision to close a …
Article • November 15, 2013
This Draconian System of Punishment and Abuse: An Interview with Former Political Prisoner Ray Luc Levasseur by Aviva Stahl By Aviva Stahl The following is a partial transcript of an interview with Ray Luc Levasseur, a former political prisoner who spent over fifteen years in solitary confinement, primarily at USP …
Article • November 15, 2013 • from PLN November, 2013
Federal Prisoners Paid During Government Shutdown, but Not Prison Guards by Derek Gilna One of the ironies of the recent 16-day federal government shutdown, which ended on October 16, 2013, is that prisoners in the federal Bureau of Prisons (BOP) continued to receive their paychecks while BOP workers did not. …
Article • November 15, 2013 • from PLN November, 2013
Gun Found in Segregation Cell at Privately-operated Mississippi Prison by According to documents produced by the Mississippi Department of Corrections pursuant to a public records request, a semi-automatic pistol and other contraband was found at the Wilkinson County Correctional Facility in Woodville on September 13, 2013. The prison is operated …
Article • November 15, 2013 • from PLN November, 2013
New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges by A politically-connected New York City jail chaplain was fined for accepting a gift from a prisoner’s family, then charged with stealing federal housing funds in an unrelated case. He was ordered to serve 45 days …
Article • November 15, 2013 • from PLN November, 2013
New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions by According to the National Registry of Exonerations, more than 1,230 criminal defendants who were wrongfully convicted have been exonerated since 1989. Another 1,170 cases involving wrongful convictions were not included in the Registry’s database because they were “collective exonerations” in police …
New Hampshire Supreme Court Revives Prisoner's Negligence Action by Last year the New Hampshire Supreme Court reversed a lower court’s dismissal of a prisoner’s negligence claims, finding they were permitted under RSA 507-B:2. On September 9, 2007, New Hampshire county prisoner Dana Chatman was part of a work crew assigned …
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